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WITCHER v. STUDDARD

37115.

97 Ga. App. 513 (1958)

103 S.E.2d 646

WITCHER v. STUDDARD. et al.

Court of Appeals of Georgia.

Decided April 17, 1958.

Attorney(s) appearing for the Case

Dunaway & Embry, John A. Dunaway, Orrin Roberts, for plaintiff in error.

A. F. Jenkins, Randall Evans, Jr., Weldon Boyd, A. M. Kelly, contra.

GARDNER, Presiding Judge.

It is settled that where a plaintiff sues two joint tortfeasors, it is not necessary to allege that each defendant committed the same amount of negligence. See Gooch v. Georgia Marble Co., 151 Ga. 462, 464 (107 S. E. 47), and Wilson v. Ray, 64 Ga.App. 540, 543 (13 S.E.2d 848). Whitfield v. Wheeler, 76 Ga.App. 857, 860 (47 S.E.2d 658) holds that when the driver of a car is confronted with an emergency...

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